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BENEFICIAL MORTGAGE CORPORATION v. LAWRENCE

291 A.D.2d 366 (2002)

736 N.Y.S.2d 882

BENEFICIAL MORTGAGE CORPORATION, Respondent, v. CARL LAWRENCE et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 4, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the appellants' motion for summary judgment since the stipulation of discontinuance entered into by the parties in February 2000 applied to all claims and counterclaims asserted in the action (see, CPLR 3217 [a] [2]; Newman v Newman, 245 A.D.2d 353

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